PKWA Law has been recognised as one of “Singapore’s Best Law Firms” in 2021 by the Straits Times. Our lawyers are also consistently ranked as leading family lawyers by respected publications such as the Asian Legal Business, Benchmark Litigation Asia Pacific and Doyles’ Guide.
As a leading family law firm in Singapore, we frequently act for families who wish to apply for a court-appointed Deputy under the Mental Capacity Act (MCA) for a person who lacks mental capacity.
When a person does not have a Lasting Power of Attorney (LPA) and loses mental capacity or a person has special needs and suffers from learning and intellectual disability, then it is not uncommon for family members to apply to the court to appoint a Deputy under the Mental Capacity Act (MCA). The Deputy is usually a family member who will make medical and other personal welfare decisions in that person’s best interests.
Apart from taking care of the person’s personal needs and financial affairs, the Deputy is also required to submit an annual report to the Office of Public Guardian to explain what decisions he/she had made for the person and how he/she had used the person’s monies.
If you are applying for a Mental Capacity Act Order that is generally restricted to the use of monies of S$60,000 and below
There are two types of deputyship orders that can be applied for, depending on the situation:
Limited short-term urgent orders
Our fees for the iFAMS application is $2900.
If you are applying for a Mental Capacity Act Order that is for use of monies in excess of S$60,000
If your application doesn’t qualify for simplified filing (that is, you require use of monies for more than $60,000), you will have to use the regular filing track. This is the most common type of MCA application as the orders sought are comprehensive and you do not need to go back to court to seek another order.
Our fees start from $3900 for the regular filing track for deputyship court orders. This process takes about 6 months.
How long does a Deputyship application take?
If the matter is not complicated, the application for the appointment of a deputy takes about 6 months.
Our Fees for an Application under the Mental Capacity Act to Appoint a Deputy.
$2,900 – iFAMS application (restricted to use of monies below $60,000).
$3,900 – regular applications (where use of monies can be above $60,000).
Our fees are applicable if there is no dispute among family members.
Disbursements and GST are payable.
Application takes about 6 months.
Our work includes:
1. Filing the Originating Summons
An originating summons is an application used to commence proceedings. This form includes:
A declaration that the person lacks the capacity to make decisions for himself/herself.
Who the proposed deputy (or deputies) are.
What powers the proposed deputy (or deputies) are seeking.
Whether the proposed deputies are acting jointly or severally.
That the person lacks capacity in areas such as personal welfare, health or financial affairs.
2. Preparing the Supporting Affidavit
The supporting affidavit must be filed with the originating summons.
We will help you to put together the following supporting documents:
What is the Deputy’s relationship with the person – Birth Certificate, Marriage Certificate.
Documents showing the person’s assets.
Office of the Public Guardian search result showing if the person has registered a Lasting Power of Attorney.
Search result showing from the OPG to show there have been no previous Mental Capacity Act orders made.
Wills Registry search result showing if the person has registered a will; and
A copy of the person’s will (if any).
3. Preparing the Doctor’s Affidavit & Medical Report
For obvious reasons, it is mandatory to include a specialist doctor’s medical report. The doctor must give an opinion that the person lacks mental capacity.
This medical report must be made within 6 months before applying to the court.
4. Granting of the Deputyship Court Order
You can expect the whole process to be completed within 3 to 6 months.
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“My family and I are stoked that PKWA Family Law has helped us so much in the matter where MCA is concerned, we struggled with our previous lawyer who was not only sloppy in their work but defensive. A lot of time was wasted while the case was developing. When we switched to PKWA, we were wowed by the efficiency and responsiveness of all legal personnel involved in our matters. We saw the light at the end of the tunnel just within a timeframe of fewer than 2 months. Everything was swift and precise. Thank you, Charlene, Christina and Mingli for the hard work.”